another UC or Legacy benefits saga

Hi

Any thoughts on this would be appreciated….

I am helping a client who was in receipt of UC , she stopped work in October 2015 and then just received personal allowance and housing element…..............

UC wrote out to her asking for further information (UC141) as they thought wages had been received…....client had not worked and did not receive the letter from UC….

UC wrote again on 04/02/2016 advising that as failure to respond they had terminated the claim…the last payment they made was 02/12/2015…..

Tnt has been in poor health during this period and we suggested a LCW claim and appeal to UC against termination.

Upon calling UC they advised that they would not take the claim as client did not meet gateway conditions and would need to claim ESA…....we explained that we would be appealing decision and possible that claim would be reinstated…....as they would still not take the claim I asked for a call back from the Processing team….

Received call today….....they advised that UC is terminated they are not allowed to accept new claim as client does not meet gateway…..I explained about appealing and backdating of UC…..I was advised that I should instead submit ESA and HB claims and ask for backdating to the date that UC ended….....warning bells went off in my head as I thought this could lead to 3 appeals rather than 1….

I call ESA to start a claim, and no surprise…...computer says no…....after much explaining ......ESA have sent out an application and said a clerical claim will need to be considered…..

We will be looking to help with the HB app but suspect similar response…..go to UC….....

Do I leave as is and progress with ESA/HB….or go back to UC if they are incorrect….....

Any guidance would be most appreciated…........reflecting back, perhaps the easiest option would have been to try get UC reinstated as a Jobseeker then do cofcircs to LCW…...but I do not think client would meet conditionality because of her health.

Cheers

Andy

I think ESA plus HB is the right route.  You can ask for backdating of both.  Most people are better off on legacy benefits aren’t they, so unless your client’s circs are such that she would def be better on UC?
I would also challenge the UC termination decision on the grounds that she didn’t receive the request for information.
If it succeeds it would only be paid up to date of ESA though. Not sure how this would work with the assessment period though. Anyone?

apf - 12 February 2016 01:35 PM

Hi

Any thoughts on this would be appreciated….

I am helping a client who was in receipt of UC , she stopped work in October 2015 and then just received personal allowance and housing element…..............

UC wrote out to her asking for further information (UC141) as they thought wages had been received…....client had not worked and did not receive the letter from UC….

UC wrote again on 04/02/2016 advising that as failure to respond they had terminated the claim…the last payment they made was 02/12/2015…..

Tnt has been in poor health during this period and we suggested a LCW claim and appeal to UC against termination.

Upon calling UC they advised that they would not take the claim as client did not meet gateway conditions and would need to claim ESA…....we explained that we would be appealing decision and possible that claim would be reinstated…....as they would still not take the claim I asked for a call back from the Processing team….

Received call today….....they advised that UC is terminated they are not allowed to accept new claim as client does not meet gateway…..I explained about appealing and backdating of UC…..I was advised that I should instead submit ESA and HB claims and ask for backdating to the date that UC ended….....warning bells went off in my head as I thought this could lead to 3 appeals rather than 1….

I call ESA to start a claim, and no surprise…...computer says no…....after much explaining ......ESA have sent out an application and said a clerical claim will need to be considered…..

We will be looking to help with the HB app but suspect similar response…..go to UC….....

Do I leave as is and progress with ESA/HB….or go back to UC if they are incorrect….....

Any guidance would be most appreciated…........reflecting back, perhaps the easiest option would have been to try get UC reinstated as a Jobseeker then do cofcircs to LCW…...but I do not think client would meet conditionality because of her health.

Cheers

Andy

I had e similar case which I discussed with Jobcentreplus and I made an appointment for the client to go to the Jobcentre and apply there with assistance of Jobcentre staff. When I called him after 4 weeks for follow-up, he said that his case is sorted out; he got his back payment and his regular payments.

many thanks for the replies

will be looking to sort out hb claim this week…....and may look at JCP appt also….

cheers

andy

This reflects an issue that I think will grow in importance in time. Claimant moves onto UC…local authority are told that’s that. No HB to be paid in future, expenditure on HB reduced with all that it entails for resources etc. No wonder LA’s are asking time after time “can we pay HB….the claimant went on to UC”?  Absolutely not said DWP / JCP staff at training sessions. Nothing like so clear in practice…..

Under digital roll-out I guess this type of scenario just could not happen?